LEDESMA V CLIMACO FERNANDO; June 28, 1974 (mini bernardo) NATURE Original action in the SC, Certiorari FACTS

Petitioner Ledesma was assigned as counsel de parte for an accused in a case pending in the sala of the respondent judge. On October 13, 1964, Ledesma was appointed Election Registrar for the Municipality of Cadiz, Negros Occidental. He commenced discharging his duties, and filed a motion to withdraw from his position as counsel de parte. The respondent Judge denied him and also appointed him as counsel de oficio for the two defendants. On November 6, Ledesma filed a motion to be allowed to withdraw as counsel de oficio, because the Comelec requires full time service which could prevent him from handling adequately the defense. Judge denied the motion. So Ledesma instituted this certiorari proceeding. ISSUE WON a member of the bar may withdraw as counsel de oficio due to appointment as Election Registrar HELD No. 1. The ends of justice would be served by requiring Ledesma to continue as counsel de oficio because: the case has been postponed at least 8 times at the defense's instance; there was no incompatibility between duty of petitioner to defend the accused, and his task as an election registrar. 2. Ledesma's withdrawal would be an act showing his lack of fidelity to the duty required of the legal profession. He ought to have known that membership in the bar is burdened with conditions. The legal profession is dedicated to the ideal of service, and is not a mere trade. A lawyer may be required to act as counsel de oficio to aid in the performance of the administration of justice. The fact that such services are rendered without pay should not diminish the lawyer's zeal. 3. The Constitution provides that the accused shall enjoy the right to be heard by himself and counsel. "Any person under investigation for the commission of an offense shall have the right to remain silent and to counsel..." ---manifest the indispensable role of a member of the Bar in the defense of an accused. The right to be assisted by counsel is so important that it is not enough for the Court to apprise the accused of his right to an atty, but is essential that the court assign on de oficio for him if he desires/ is poor. Thus, Ledesma should exert himself sufficiently, if not with zeal, if only to erase doubts as to his fitness to remain a member of the profession in good standing. Disposition Petition for certiorari dismissed.

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